Theodore Boone: The Scandal

by John Grisham

  When the barking case was over, four people left the room, none of them happy. Judge Yeck looked at the remaining spectators and said, “Well, hello, Theo. Nice to see you as always. Are you involved in this last case, the hungry otter?”

  “Yes, sir. And hello to you, too.”

  “Okay. I’ll ask Mr. Murray and Mr. Kerr to come forward.” The two men walked a few steps and sat at the opposing tables. Mr. Murray pointed at Theo and looked at the judge. “Is he a lawyer?”

  “Well, sort of,” replied the judge.

  “Well, I don’t have a lawyer. Do I need one?”

  “Not really. I can do a pretty good job of finding the truth, with or without lawyers.”

  “Doesn’t seem fair,” Mr. Murray mumbled.

  “I’ll keep it fair,” Judge Yeck said rather sternly. “You filed the complaint, Mr. Murray, so you’ll go first. How many witnesses do you have?”

  “Just me.”

  “Okay. Keep your seat and raise your right hand. Do you swear to tell the truth?”

  “I do.”

  “Then tell us what happened.”

  Mr. Murray shifted his weight and cleared his throat. “Well, Judge, I got this real nice water garden out back, got it landscaped and all, with lily pads and such. I spend a lot of time in the yard. About three years ago I started buying koi. Are you familiar with koi?”

  “Sort of.”

  “Fancy name for big fat goldfish. I think they originated in Japan a long time ago. There are a lot of varieties, lots of sizes and colors, and, well, they’re just beautiful in the water garden. They live forever, that is unless some damned otter comes along and raids the pond.”

  “I don’t allow foul language in my courtroom, Mr. Murray.”

  “Sorry. So I stocked the pond with a lot of koi. At one time I had close to a hundred. We love the fish. My grandkids love them. They’re just beautiful, and very hearty. Doesn’t matter how cold or hot it gets. They survive. I have enlarged some photographs if you’d like to see them.”

  “Sure.”

  Mr. Murray handed the judge three large photos of the koi in the water garden. He had a photo of his house and the Kerrs’. He was prepared, and Theo envied the time he had had to get ready for trial.

  “Please continue,” Judge Yeck said.

  “Yes, sir. Well about a month ago I went to feed the koi—got to feed ’em twice a day—and I was horrified to see some of them had been eaten. Something had attacked them in the water garden, dragged ’em out, and devoured them. Nothing but a few heads and a bunch of bones were left. I counted four of my koi dead. You wanna see?”

  “Sure.”

  Another large photo revealed the carnage. Judge Yeck studied it, then handed it to Theo, who gave it back to Mr. Murray.

  “Please continue.”

  “I didn’t know what to do. The next night I sat on the back porch till midnight, just waiting and watching. I figured whatever varmint did it had such a good time that he was bound to come back. Then I fell asleep. Sure enough, next morning I ran out there and there were three more dead koi. Slaughtered. I looked for teeth marks and footprints but couldn’t see anything. So I called John from across the road—”

  “That’s Mr. Kerr?”

  “Yes, sir, and I asked him if he had noticed any dead fish around his ponds. Got two ponds over there, and he said no. So I asked him about his otter. You see, Judge, they’ve been keeping this otter around their house for a couple of years now. He’s like a real pet. They even got a name for him. Kids play with him and all. He comes and goes as he pleases, and I suspected he might be involved with my koi. I’ve never seen him in my backyard, but otters usually move around at night. Two days later, I found two more dead koi. I called John Kerr again, and he got pretty irritated. Like I was accusing him of something. I guess I was, come to think of it. He said he didn’t know what the otter was doing at night, wasn’t his job to stay up and watch the little varmint. So a week or two went by with no more attacks. I was hoping it was over, but no. One day I found some more dead koi. Then some more. So last week I bought a video camera, one with night vision and activated by motion, and, sure enough, it caught their otter sneaking over and slithering into my water garden. Got the video right here.”

  “Let’s roll the tape,” Judge Yeck said.

  Mr. Murray opened a laptop and placed it on the judge’s desk. Theo and Mr. Kerr got up and walked closer. The images were remarkably clear. An otter, presumably Otto, came into view, seemed to stop and look around, then eased into the pond and went underwater. Seconds later he emerged with a fat koi in his mouth. He climbed out of the water garden and began chomping on the poor fish. He ripped and clawed and every few seconds looked around, as if he knew he was doing something wrong. When he was finished with the first one, he dived back in, snagged another, and continued with his dinner.

  “Makes me sick every time I see it,” Mr. Murray mumbled.

  Theo had never lost a case in Animal Court, but as he watched Otto enthusiastically destroying the Murrays’ school of koi, he had a feeling that this case might not end on a good note.

  After Otto had gorged himself on three of the koi, he was full. He slinked away, moving much slower, and the video turned to black.

  “Anything else, Mr. Murray?” Judge Yeck asked.

  “Well, I guess not. I think it’s only fair that Mr. Kerr pay me for the damages. Those fish cost about forty dollars each, and I’ve lost eighteen of them. More important, I want it stopped. It’s his otter, and he should be required to keep the little monster away from my property. That’s all I can think of, Judge.”

  “Any questions, Theo?”

  “Sure, Your Honor.” Theo looked at Mr. Murray and asked, “Where did you get the koi?”

  “The Internet. There’s an outfit in Miami that sells them. I think they come from Japan. You can buy them in most pet shops, but I get the high-end koi from a specialist who imports them.”

  “Out where you live do you ever see any raccoons or groundhogs?”

  “Oh sure.”

  “How about cats, foxes, or herons?”

  “I guess, from time to time, we see most everything. We’re in the city limits, but it’s kind of rural out there.”

  “Would you agree that these predators can also empty a goldfish pond?”

  “You just saw the video, son. That wasn’t a raccoon or a fox. I know the difference.”

  “Thank you. That’s all I have, Judge.”

  “Call your first witness.”

  “Mr. John Kerr.”

  “Okay, Mr. Kerr, keep your seat and raise your right hand. Do you swear to tell the truth?”

  “I do.”

  “Continue, Theo.”

  Theo held a yellow legal pad, just like a real lawyer. He’d managed to scribble some notes, handwriting he could barely read. “Now, Mr. Kerr, tell us about Otto.”

  Mr. Kerr looked around nervously and thought for a second. “Well, we’ve had otters before, along with beavers, raccoons, skunks, foxes, cats, possums, you name it. We have two acres and two ponds and a lot thick woods, so just about everything shows up sooner or later. This one little guy, the kids call him Otto, started hanging around a couple of years ago, and he’s very friendly, not afraid of humans like most wild animals. We feed him and take care of him. I even took him to the vet once when he got sick. But I wouldn’t call him a pet. He’s never stayed in the house or garage. He won’t come when you call him, and he certainly is not house trained. Point is, I can’t control what he does. He’s a wild animal, and if he wants to raid someone’s pond I can’t stop him. I don’t control his life.”

  “And that’s him in the video?”

  “Sure looks like him, but then most otters look the same, I guess. I don’t know. I don’t spend much time thinking about otters.”

  “Do you have a dog?”

  “Sure, got two of them.”

  “And do you have permits for them?”

  “Yes, the city requ
ires it.”

  “Do you have a cat?”

  “Yes.”

  “Do you have a permit for the cat?”

  “Yes, as required.”

  “Do you have a permit for Otto?”

  “Of course not. He’s a wild animal. You can’t get a permit for a wild animal, right, Judge?”

  Judge Yeck replied, “That’s correct.”

  Theo said, “No further questions, Your Honor, and Mr. Kerr is our only witness.”

  “Very well. Mr. Murray, do you have any questions for Mr. Kerr?”

  “No, sir. He admitted it was his otter. That’s all that matters.”

  “Anything else, Mr. Murray?”

  “Can’t think of anything, no, sir.”

  “Theo?”

  “Yes, sir.” Theo stood with his legal pad.

  “You can keep your seat, Theo.”

  “I know, Your Honor, but I need to stretch my legs.” In truth, Theo preferred to stand and perhaps pace a little, just like the great trial lawyers he’d watched over the years. In real court, the lawyers always stood when addressing the judge or the jury, or when they were questioning witnesses.

  Judge Yeck nodded and smiled. Theo began: “Judge, it looks like we’re dealing with the laws of the jungle here. What if a raccoon lived in a tree on the Kerr property, and one day discovered these beautiful fish in Mr. Murray’s water garden? You can’t blame the raccoon for doing what he’s supposed to do—find food. And you can’t blame Mr. Kerr for something the raccoon does. Same for foxes, cats, blue herons, beavers—the woods are full of predators. Same for otters. They’ve lived around here forever, I suppose. This is their natural habitat. They have the right to come and go as they please and eat whatever they can find. These koi, on the other hand, are not native to this area. They come all the way from Japan. Who belongs here? I guess all the animals do, but in nature some animals prey on others. We can’t change that. They have to eat, don’t they? What’s Mr. Kerr supposed to do? Catch the otter and keep him in a cage? That’s not natural. Otto would probably die.”

  “Let’s hope so,” Mr. Murray interrupted.

  “Hang on,” Judge Yeck said, frowning at Mr. Murray.

  Theo kept going: “My point is, Your Honor, Otto is not a domestic pet. He sleeps in the wild, roams at night, and eats whatever he can find. My client has no control over what this animal does. And, Your Honor, I don’t have to remind the court that it’s not against the law for otters to eat fish wherever they can find them.”

  Theo sat down and Judge Yeck said, “Good point, Theo, but I’m really bothered by the video. The proof seems pretty clear.”

  “Can I shoot him, Judge?” Mr. Murray blurted.

  “Who? Otto or Theo?”

  “That damned otter. Oh, sorry. That stinking otter.”

  “No, you cannot. Discharging a firearm within the city limits is against the law.”

  “Okay, then can I poison him?”

  Judge Yeck thought for a second and said, “Yes, you can. The law says you cannot kill a dog, cat, horse, pig, lamb, goat, deer, bear, eagle, hawk, or an owl. It says nothing about otters.”

  “Don’t forget beavers,” Theo added helpfully.

  “Right, and for some reason, beavers.”

  “Good,” Mr. Murray said smugly. “Then, if Mr. Kerr will not take care of the otter, I’ll get some poison and handle things myself.”

  Judge Yeck looked at Mr. Kerr and asked, “Are you familiar with the Wildlife Center over in Waynesburg?”

  “No, sir.”

  “It’s a refuge for wild animals that have been caught or need to be restrained for some time. I’ve ordered several animals to be sent over there, and the folks do a good job. I suggest you take Otto there, let the staff keep him for a few weeks while they find a place to relocate him. Somewhere far away.”

  “I guess we could do that,” Mr. Kerr said.

  “What about my dead fish?” Mr. Murray asked. “That otter ate about twenty of them and they cost forty bucks each.”

  Theo said, “Well, Your Honor, the proof shows that Otto ate only three of the fish. There’s no proof that he ate the others. Could’ve been a raccoon or a fox.”

  “I doubt it,” Judge Yeck said. “On the video he looks like he knows exactly what he’s doing. I’ll reduce it a little, but I’m ordering your client to pay five hundred dollars in damages.”

  “That sounds like a lot,” Mr. Kerr said.

  “Well, keep in mind, Mr. Kerr, that I could send Animal Control out there tomorrow and have the otter caught and put to sleep.”

  Mr. Kerr fell silent, and Theo had nothing else to say. Mr. Murray shrugged as if he was okay with the ruling. Judge Yeck said, “So ordered. Five hundred in damages and take the otter to the Wildlife Center. Anything else? Good. Court’s adjourned.”

  They filed out of the courtroom and walked outside. Theo followed Byron and Mr. Kerr to their truck. Sitting in the cab was Byron’s older brother, Billy, and Otto, who was asleep behind the steering wheel.

  Byron said, “Thanks, Theo, you did the best you could.”

  Mr. Kerr said, “Nice job, Theo. You’re gonna make a fine lawyer someday. Do I owe you anything?”

  “No, sir. I can’t charge fees yet. I’m only thirteen.”

  “Thanks, son.”

  Theo watched them drive away. It wasn’t a good win, but then it wasn’t a bad loss either. Neither side was satisfied with the outcome, so, as Judge Gantry often said, justice prevailed.

  Chapter 21

  The offices of Boone & Boone were usually deserted by six p.m. Elsa left every day at five on the dot, with few exceptions. Vince and Dorothy, the two paralegals, soon followed. Mr. Boone was known to ease out even earlier, often under the guise of “running by the courthouse,” which everyone knew was an excuse to meet his buddies for a drink. Mrs. Boone was always the last to leave, but it was unusual for her to be there until six.

  After leaving Animal Court, Theo rode his bike to the office and was surprised that everyone was still there. All the lights were on. A big meeting of some sort was taking place in the conference room. He tiptoed down the hallway and tried to eavesdrop through the door, but couldn’t hear much. Elsa, Vince, and Dorothy were in the meeting, along with his parents, who never worked together on a case. Theo could not remember such a gathering. He went back to his office and finished his homework, most of which he’d completed during his extra study hall.

  Vince tapped on his door and stepped in. “Say, Theo, your mother wants to see you in the conference room.”

  What have I done now, Theo wondered. “What’s going on in there?” he asked.

  “We’re meeting with the five schoolteachers. They’ve hired the firm to represent them.”

  “All five?”

  “Yep.”

  “That’s unusual in a criminal case, isn’t it?”

  “Very. They plan to stick together while we try to get the charges dismissed. If that doesn’t happen, then they’ll be forced to hire separate lawyers.”

  “Okay. Why does my mother want me in the conference room?”

  “I guess you’ll have to find out.”

  “Am I in trouble?”

  “Not that I’m aware of.”

  Theo followed Vince to the conference room, where everyone was sitting around the long table and waiting for him. His mother, in charge, of course, stood and said, “Theo, our firm is representing these five teachers from East Middle School.” She introduced each of the five. Theo just stood at one end of the table and nodded. This is weird, he thought. What am I doing here?

  Mr. Paul London stood and said, “Theo, we have something we would like to say to you. We are completely to blame for this scandal, and we accept responsibility. We changed the test scores for a number of our eighth graders, and this enabled them to qualify for the Honors track next year at Strattenburg High. We had our reasons for doing so, but our reasons are not good enough. We offer no excuses. Our actions unfairly helped some
of our students and unfairly harmed those at other schools. Including you. If we had not cheated on behalf of our kids, there is an excellent chance you would have made Honors. We feel terrible about this, and we offer you our sincere apology.”

  Theo thought the poor guy was going to cry. It was obvious he felt far worse about the cheating than Theo did. The other teachers were staring at him with sad, mournful eyes.

  Theo had been taught to accept an apology as soon as it was offered. Shake hands. Forget about it, and move on. He said, “Sure, Mr. London, I accept your apology. I just hope you guys are not punished too severely.”

  “We’ll survive. We have a good lawyer.”

  “I’m gonna be okay, too,” Theo said. “Whatever happens. I just don’t want to take those tests again.” Everyone laughed, and the humor cut the tension. Theo was excused and walked back to his office.

  Thursday dinner was always at the same Turkish café, usually at the same table. Omar owned the place and greeted them warmly each week. Menus were not needed because they had the same red pepper hummus with pita bread, followed by the same roasted chicken. Mr. Boone once made the mistake of having a cup of Omar’s Turkish coffee with dessert, and he didn’t sleep for three days. Now, they drank only water. Theo enjoyed the place but often grew tired of Omar’s constant interruptions. While his son ran the kitchen, Omar worked the front and felt like it was his business to engage his customers with nonstop chatting. He was also known to eavesdrop on conversations.

  In low voices, the Boones tried to talk about the cheating scandal, but Omar was lurking nearby. They changed subjects and tried to talk about Ike and his latest problem, but Omar was too close. So they talked about an upcoming camping trip Troop 1440 was planning.

  Theo didn’t mind the five days of extra study hall punishment handed down by Mrs. Gladwell, but the month of no golf was painful. On Saturday morning, he sat at the kitchen table and tried to look as pitiful as possible as his father went about his routine as if life was just perfect. The weather was gorgeous, the golf course was calling, and Theo couldn’t play. Mr. Boone, however, was planning a marvelous outing with three of his buddies.